First Nations Commercial and Industrial Development Act
First Nations can work with provinces and the Government of Canada on the development of federal regulations that support large-scale or complex projects on reserve lands.
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About the First Nations Commercial and Industrial Development Act
The First Nations Commercial and Industrial Development Act (FNCIDA) is an effective tool to address regulatory gaps for projects taking place on reserve lands, and for advancing economic reconciliation.
Regulatory gaps exist where:
- there is uncertainty about the application of provincial regulatory regimes that relate to a proposed land use
- existing federal laws that apply to reserve lands do not fully address that particular commercial or industrial development
FNCIDA creates a regulatory regime that clarifies and simplifies the rules for managing an on-reserve project that is complex in nature. Regulations developed using the act ensure that environmental, health and safety, and other impacts of commercial and industrial developments are effectively managed throughout the life of the project.
The FNCIDA legislation was developed with the active engagement of 5 First Nations: Squamish Nation in British Columbia, Fort McKay First Nation and Tsuut'ina Nation in Alberta, Carry the Kettle First Nation in Saskatchewan, and Fort William First Nation in Ontario. Regulations are a First Nation-driven, opt-in option available to support on-reserve economic opportunities.
How it works
To develop regulations under FNCIDA:
- The First Nation must identify a project (large-scale or complex, and on-reserve) and provide a Band Council Resolution (BCR) to Indigenous Services Canada (ISC), requesting that regulations be developed under FNCIDA.
- The First Nation will work with ISC and the relevant province to evaluate the proposal before drafting regulations and a cooperation agreement.
- ISC will work with the parties to facilitate the federal process, which leads to regulations being enacted into law.
This approach helps bridge the gaps between federal, provincial and First Nation laws, which increases regulatory certainty, predictability, and enforceability.
Benefits
- Enhance economic development potential on reserve lands
- Improve environmental protection
- Promote new economic infrastructure on-reserve
- Partnerships among First Nations, provinces and the Government of Canada
Since its inception, 6 regulations have been developed using FNCIDA and have supported major economic projects across Canada.
For example, in 2023, the Squamish Nation Residential Tenancy Regulations were created. These regulations adapt British Columbia's residential tenancy rules for application to the Sen̓áḵw multi-tower residential development and new Hiy̓ám Housing affordable housing developments on Squamish Nation reserve lands.
In addition, amendments were made to the existing Fort McKay First Nation Oil Sands Regulations, which provide Fort McKay First Nation with the updated regulatory regime needed to advance their oil sands project in Alberta.
Contact us
Contact the ISC regional office closest to you, or email us at: ldcipn-fncida@sac-isc.gc.ca.